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 19 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 1 recites the limitation "the support portion" in lines 4-5. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim 19 is rejected under 35 U.S.C. 102 as being anticipated by Hedberg (2007/0044222).
Hedberg discloses an apparatus to support a user while bathing the object with a fluid comprising: a support assembly 1 constituting a support structure 2,3 of the apparatus; a support surface 4 to support the user, the support surface 4 supported by the support structure 2,3; a fluid catch 7 to contain the fluid separate from the support surface 4; a back portion 31 disposed adjacent a back edge of the support surface 4, the back portion 31 extending vertically upward from adjacent the support surface 4, the back portion 31 including a vertically disposed surface constructed to receive leaning weight of the user.
Claim 19 is rejected under 35 U.S.C. 102 as being anticipated by Anderson (3,391,408).
Anderson teaches an apparatus to support a user while bathing the object with a fluid comprising: a support assembly 10 constituting a support structure 24,26 of the apparatus; a support surface 34 to support the user, the support surface 34 supported by the support structure 24,26 ,3; a fluid catch 44 to contain the fluid separate from the support surface 34; a back portion 12 disposed adjacent a back edge of the support surface 34, the back portion 12 extending vertically upward from adjacent the support surface 34, the back portion 12 including a vertically disposed surface constructed to receive leaning weight of the user.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUYEN D LE whose telephone number is (571)272-4890. The examiner can normally be reached Monday-Friday.
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/HUYEN D LE/Primary Examiner, Art Unit 3754