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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “3” on page 4, line 8+. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: “guards 19” in line 3 of page 8 should be --guards 18--.
Appropriate correction is required.
Claim Objections
Claim 7 is objected to because of the following informalities: “second water bag” in line 1 should be --the second water bag--. Appropriate correction is required.
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, 8 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 6,543,068 (hereinafter Penninger) in view of US 2018/0160820 (hereinafter Hsu).
Regarding claim 1, Penninger discloses a bathing device, comprising a bathing unit (10); a water pumping system (44, 22, 38, 26, 28); a water disposal system (24, 42); an air pump (air compressor 20); the bathing unit comprising a first end (about 32 in Fig. 3), a second end (about 24 in Fig. 3), a bathing mat (the bottom layer above 50 in Fig. 4), an interior region (see Fig. 2, the interior region where the user is lying), a plurality of tributaries (see Fig. 3: the lines in the bottom surface), and an inflatable region (52); the first end being positioned opposite to the second end across the bathing unit; the interior region constituting an upper surface of the bathing mat; the plurality of tributaries being integrated within the interior region; the inflatable region being positioned perimetrically around the interior region; the water pumping system being detachably mounted adjacent to the first end of the bathing unit (via attachment cap 58); the water pumping system being operably connected to the bathing unit, wherein operating the water pumping system enables to dispense water along the interior region of the bathing unit (via shower head 28); the water disposal system being in fluid communication with the bathing unit; the water disposal system being operably connected to the bathing unit, wherein operating the water disposal system enables disposal of wastewater from the bathing unit (see col. 3, lines 20-22); the water disposal system (24, 44) being mounted adjacent to the second end of the bathing unit; and the air pump being operably integrated to the inflatable region (see Fig. 7), wherein operating the air pump governs inflation and deflation of the inflatable region.
Although the air pump of Penninger is not being mounted within the inflatable region of the bathing unit as claimed, attention is directed to the Hsu reference which teaches an inflatable device having an air pump (2) mounted within an inflatable regions (14) to reduce the strain applied to the peripheral panel of the inflatable chamber which promotes the structural integrity and longevity of the inflatable device (see para. [0024]: 13-15). Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to mount the air pump (20) of Penninger within the inflatable region bathing unit (within air cavity 52) as taught by Hsu in order to reduce the strain applied to the peripheral panel of the inflatable chamber which promotes the structural integrity and longevity of the inflatable device.
Regarding claim 8, the bathing device of claim 1, as discussed above, further comprises an extension mat (see Fig. 2: 32 is considered to be an extension mat for the head); and the extension mat being detachably connected to the first end of the bathing unit (see Figs. 2-3 and col. 4, lines 61-66).
Regarding claim 13, Penninger discloses a bathing device, comprising a bathing unit (10); a water pumping system (44, 22, 38, 26, 28); a water disposal system (24, 42); an air pump (air compressor 20); an extension mat (see Fig. 2: 32 is considered to be an extension mat for the head); the bathing unit comprising a first end (about 32 in Fig. 3), a second end (about 24 in Fig. 3), a bathing mat (the bottom layer above 50 in Fig. 4), an interior region (see Fig. 2, the interior region where the user is lying), a plurality of tributaries (see Fig. 3: the lines in the bottom surface), and an inflatable region (52); the first end being positioned opposite to the second end across the bathing unit; the interior region constituting an upper surface of the bathing mat; the plurality of tributaries being integrated within the interior region; the inflatable region being positioned perimetrically around the interior region; the water pumping system being detachably mounted adjacent to the first end of the bathing unit (via attachment cap 58); the water pumping system being operably connected to the bathing unit, wherein operating the water pumping system enables to dispense water along the interior region of the bathing unit (via shower head 28); the water disposal system being in fluid communication with the bathing unit; the water disposal system being operably connected to the bathing unit, wherein operating the water disposal system enables disposal of wastewater from the bathing unit (see col. 3, lines 20-22); the water disposal system (24, 44) being mounted adjacent to the second end of the bathing unit; the air pump being operably integrated to the inflatable region (see Fig. 7), wherein operating the air pump governs inflation and deflation of the inflatable region; and the extension mat being detachably connected to the first end of the bathing unit (see Figs. 2-3 and col. 4, lines 61-66).
Although the air pump of Penninger is not being mounted within the inflatable region of the bathing unit as claimed, attention is directed to the Hsu reference which teaches an inflatable device having an air pump (2) mounted within an inflatable regions (14) to reduce the strain applied to the peripheral panel of the inflatable chamber which promotes the structural integrity and longevity of the inflatable device (see para. [0024]: 13-15). Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to mount the air pump (20) of Penninger within the inflatable region bathing unit (within air cavity 52) as taught by Hsu in order to reduce the strain applied to the peripheral panel of the inflatable chamber which promotes the structural integrity and longevity of the inflatable device.
Claim(s) 2-3 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Penninger in view of Hsu and further in view of US 5,852,836 (hereinafter Montrose).
Regarding claim 2, Penninger and Hsu teaches the bathing device of claim 1, as discussed above, wherein the water pumping system further comprises a water delivery system (shower head 28); wherein operating the water pump transfers water from a water source (44) into the water delivery system; and the water delivery system being operably coupled to the bathing unit, wherein operating the water delivery system governs dispensing of water into the interior region of the bathing unit.
Penning does not specifically disclose a first water bag and a water pump being mounted within the first water bag and operably coupled between the first water bag and the water delivery system.
Attention is directed to the Montrose reference which teaches a portable shower (a water pumping system as claimed) comprising a water source (element 12 is of similar configuration and considered as the first water bag 9 shown in Fig. 1 of the instant application) and a water pump (34) being mounted within the first water bag and operably coupled between the first water bag and a water delivery system (56). Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have replaced a water pumping system of Penninger with a water pumping system as taught by Montrose, wherein doing so would merely be substituting equivalents known for the same purpose. An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06.
Regarding claim 3, the bathing device of claim 2 above, wherein the water delivery system of Montrose is a shower hose (40) with a nozzle (a shower head 56).
Regarding claim 14, Penninger and Hsu teaches the bathing device of claim 13, as discussed above, wherein the water pumping system further comprises a water delivery system (shower head 28); wherein operating the water pump transfers water from a water source (44) into the water delivery system; and the water delivery system being operably coupled to the bathing unit, wherein operating the water delivery system governs dispensing of water into the interior region of the bathing unit, and wherein the water delivery system is a shower hose (26) with a nozzle (shower head 28).
Penning does not specifically disclose a first water bag and a water pump being mounted within the first water bag and operably coupled between the first water bag and the water delivery system.
Attention is directed to the Montrose reference which teaches a portable shower (a water pumping system as claimed) comprising a water source (element 12 is of similar configuration and considered as the first water bag 9 shown in Fig. 1 of the instant application) and a water pump (34) being mounted within the first water bag and operably coupled between the first water bag and a water delivery system (56). The water delivery system of Montrose is a shower hose (40) with a nozzle (a shower head 56). Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have replaced a water pumping system of Penninger with a water pumping system as taught by Montrose, wherein doing so would merely be substituting equivalents known for the same purpose. An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06.
Claim(s) 4 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Penninger in view of Hsu and further in view of US 11,261,612 (hereinafter Tao).
Regarding claim 4, Penninger and Hsu teaches the bathing device of claim 1, as discussed above, wherein Penninger teaches the plurality of tributaries (see Fig. 3: the lines on the bottom surface) comprising a plurality of vertical tributaries (the lines along the length of the unit 10) , the plurality of vertical tributaries extending vertically from the first end of the bathing unit towards the second end of the bathing unit.
Penninger does not teaches a horizontal tributary; the horizontal tributary extending horizontally adjacent to the second end of the bathing unit; the horizontal tributary being laterally offset from the inflatable region; and the plurality of vertical tributaries being in fluid communication with the horizontal tributary.
Attention is directed to the Tao reference which teaches an analogous inflatable bathing unit (see Figs. 1 and 4) comprising a bottom (2) having a plurality of tributaries (see Fig. 4: the vertical and horizontal lines on the bottom surface) comprising a plurality of vertical tributaries (the vertical lines) and a horizontal tributary (the horizontal line that crosses drain 24), the plurality of vertical tributaries extending vertically from a first end (bottom end) of the bathing unit towards a second end (top end) of the bathing unit (see Fig. 4); the horizontal tributary extending horizontally adjacent to the second end of the bathing unit; the horizontal tributary being laterally offset from the inflatable region; and the plurality of vertical tributaries being in fluid communication with the horizontal tributary (see Fig. 4). Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have replaced a bottom surface of Penninger with a bottom surface as taught by Tao, wherein doing so would merely be substituting equivalents known for the same purpose. An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06.
Regarding claim 15, Penninger and Hsu teaches the bathing device of claim 13, as discussed above, wherein Penninger teaches the plurality of tributaries (see Fig. 3: the lines on the bottom surface) comprising a plurality of vertical tributaries (the lines along the length of the unit 10) , the plurality of vertical tributaries extending vertically from the first end of the bathing unit towards the second end of the bathing unit.
Penninger does not teaches a horizontal tributary; the horizontal tributary extending horizontally adjacent to the second end of the bathing unit; the horizontal tributary being laterally offset from the inflatable region; and the plurality of vertical tributaries being in fluid communication with the horizontal tributary.
Attention is directed to the Tao reference which teaches an analogous inflatable bathing unit (see Figs. 1 and 4) comprising a bottom (2) having a plurality of tributaries (see Fig. 4: the vertical and horizontal lines on the bottom surface) comprising a plurality of vertical tributaries (the vertical lines) and a horizontal tributary (the horizontal line that crosses drain 24), the plurality of vertical tributaries extending vertically from a first end (bottom end) of the bathing unit towards a second end (top end) of the bathing unit (see Fig. 4); the horizontal tributary extending horizontally adjacent to the second end of the bathing unit; the horizontal tributary being laterally offset from the inflatable region; and the plurality of vertical tributaries being in fluid communication with the horizontal tributary (see Fig. 4). Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have replaced a bottom surface of Penninger with a bottom surface as taught by Tao, wherein doing so would merely be substituting equivalents known for the same purpose. An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06.
Claim(s) 5 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Penninger in view of Hsu and further in view of US 1,861,389 (hereinafter Grosjean).
Regarding claim 5, Penninger and Hsu teaches the bathing device of claim 1, as discussed above, but remain silent as to a mesh filter; the mesh filter being mounted along the interior region; and the mesh filter being operably coupled between the plurality of tributaries and the water disposal system, wherein the mesh filter collects debris from the wastewater flowing down the plurality of tributaries.
Attention is directed to the Grosjean reference which teaches a nonslip bath mat for a tub compartment (see Fig. 1) comprises an open mesh fabric body (2) with rubber reinforcing to prevent slipping. 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 bottom of the bathing unit of Penninger, a nonslip mesh mat as taught by Grosjean in order to prevent a user from slipping during use. In so doing, the mesh of Grosjean can act a mesh filter to trap hair from the user and the mesh filter being mounted along the interior region, and the mesh filter being operably coupled between the plurality of tributaries and the water disposal system, wherein the mesh filter collects debris from the wastewater flowing down the plurality of tributaries.
Regarding claim 16, Penninger and Hsu teaches the bathing device of claim 13, as discussed above, but remain silent as to a mesh filter; the mesh filter being mounted along the interior region; and the mesh filter being operably coupled between the plurality of tributaries and the water disposal system, wherein the mesh filter collects debris from the wastewater flowing down the plurality of tributaries.
Attention is directed to the Grosjean reference which teaches a nonslip bath mat for a tub compartment (see Fig. 1) comprises an open mesh fabric body (2) with rubber reinforcing to prevent slipping. 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 bottom of the bathing unit of Penninger, a nonslip mesh mat as taught by Grosjean in order to prevent a user from slipping during use. In so doing, the mesh of Grosjean can act a mesh filter to trap hair from the user and the mesh filter being mounted along the interior region, and the mesh filter being operably coupled between the plurality of tributaries and the water disposal system, wherein the mesh filter collects debris from the wastewater flowing down the plurality of tributaries.
Claim(s) 6-7 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Penninger in view of Hsu and further in view of US 2006/0070178 (hereinafter Taheri).
Regarding claim 6, Penninger and Hsu teaches the bathing device of claim 1, as discussed above, wherein the water disposal system comprising a water suction system (discharge pump 24); the water suction system being in fluid communication with the plurality of tributaries; and the water suction system being operably connected between the second water bag and the plurality of tributaries, wherein wastewater collected by the plurality of tributaries adjacent the second end of the bathing unit, is transported to a discharge hose (42) by the water suction system.
Penninger is silent as to a second water bag to receive wastewater from the bathing unit. Attention is directed to the Taheri reference which teaches an analogous bathing unit comprising a water disposal system (see Fig. 7) comprising a second water bag (52) connecting to a discharge hose (58) to receive wastewater from the bathing unit. Therefore, 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 water disposal system of Penninger, a second water bag as taught by Taheri in order to collect wastewater from the bathing unit.
Regarding claim 7, the bathing device of claim 6, wherein the second water bag is detachably mounted adjacent the second end of the bathing unit as taught by Taheri.
Regarding claim 17, Penninger and Hsu teaches the bathing device of claim 13, as discussed above, wherein the water disposal system comprising a water suction system (discharge pump 24); the water suction system being in fluid communication with the plurality of tributaries; and the water suction system being operably connected between the second water bag and the plurality of tributaries, wherein wastewater collected by the plurality of tributaries adjacent the second end of the bathing unit, is transported to a discharge hose (42) by the water suction system.
Penninger is silent as to a second water bag to receive wastewater from the bathing unit. Attention is directed to the Taheri reference which teaches an analogous bathing unit comprising a water disposal system (see Fig. 7) comprising a second water bag (52) connecting to a discharge hose (58) to receive wastewater from the bathing unit. Therefore, 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 water disposal system of Penninger, a second water bag as taught by Taheri in order to collect wastewater from the bathing unit.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Penninger in view of Hsu and further in view of US 6,266,830 (hereinafter Danno).
Penninger and Hsu teaches the bathing device of claim 8, as discussed above, except for a plurality of guards of the extension mat are high density foam walls. Attention is directed to the Danno reference which teaches an analogous bathing device (see Fig. 1) comprising a bathing unit (1) and an extension mat (5); the extension mat being detachably connected to the first end of the bathing unit (see Fig. 1) to support the head of a user; a plurality of guards (5a, 5b) of the extension mat (5) are formed using a foam synthetic resin (high density foam walls as claimed) (see col. 16, lines 36-39). Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have replaced the head support (32) of Penninger with a head support (extension mat 5) as taught by Danno, wherein doing so would merely be substituting equivalents known for the same purpose. An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06.
Claim(s) 11 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Penninger in view of Hsu and further in view of US 10,765,576 (hereinafter Rigoni).
Regarding claim 11, Penninger and Hsu teaches the bathing device of claim 1, as discussed above, except for a privacy gown; and the privacy gown being detachably connected to the bathing unit. Attention is directed to the Rigoni reference which teaches an analogous device (see Fig. 6) comprises a bathing unit (20) and a privacy gown (where 70 is pointing in Fig. 6); and the privacy gown being detachably connected to the bathing unit to cover a user. Therefore, 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 bathing system of Penninger, a privacy gown being detachably connected to the bathing unit as taught by Rigoni in order to provide a user some privacy while bathing by a practitioner.
Regarding claim 19, Penninger and Hsu teaches the bathing device of claim 13, as discussed above, except for a privacy gown; and the privacy gown being detachably connected to the bathing unit. Attention is directed to the Rigoni reference which teaches an analogous device (see Fig. 6) comprises a bathing unit (20) and a privacy gown (where 70 is pointing in Fig. 6); and the privacy gown being detachably connected to the bathing unit to cover a user. Therefore, 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 bathing system of Penninger, a privacy gown being detachably connected to the bathing unit as taught by Rigoni in order to provide a user some privacy while bathing by a practitioner.
Claim(s) 12 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Penninger in view of Hsu and further in view of DE 202021000784 U1 (hereinafter Schmidt).
Regarding claim 12, Penninger and Hsu teaches the bathing device of claim 1, as discussed above, where Penninger teaches a cart (70) for storage and portability of the bathing unit, the water pumping system, the water disposal system, the air pump, and the extension mat being foldable and fitting within the cart.
Penninger does not teaches a carrying case; a shoulder strap; the shoulder strap being laterally mounted onto the carrying case; and the bathing unit, the water pumping system, the water disposal system, the air pump, and the extension mat being foldable and fitting within the carrying case.
Attention is directed to the Schmidt reference which teaches a carrying case (10); a shoulder strap (14); the shoulder strap being laterally mounted onto the carrying case for storage and portability for various purposes (see Figs. 2-3). Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have replaced the cart of Penninger with a carrying case and a shoulder strap as taught by Schmidt, wherein doing so would merely be substituting equivalents known for the same purpose. An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06.
Regarding claim 20, Penninger and Hsu teaches the bathing device of claim 13, as discussed above, where Penninger teaches a cart (70) for storage and portability of the bathing unit, the water pumping system, the water disposal system, the air pump, and the extension mat being foldable and fitting within the cart.
Penninger does not teaches a carrying case; a shoulder strap; the shoulder strap being laterally mounted onto the carrying case; and the bathing unit, the water pumping system, the water disposal system, the air pump, and the extension mat being foldable and fitting within the carrying case.
Attention is directed to the Schmidt reference which teaches a carrying case (10); a shoulder strap (14); the shoulder strap being laterally mounted onto the carrying case for storage and portability for various purposes (see Figs. 2-3). Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have replaced the cart of Penninger with a carrying case and a shoulder strap as taught by Schmidt, wherein doing so would merely be substituting equivalents known for the same purpose. An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06.
Allowable Subject Matter
Claims 9 and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: None of the prior art of record alone or in combination teaches the extension mat comprising a third end, a fourth end, a plurality of guards, and a plurality of perforations; and the plurality of perforations being in fluid communication with the plurality of tributaries of the bathing unit.
Conclusion
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/TUAN N NGUYEN/Primary Examiner, Art Unit 3754