DETAILED ACTION
This Office Action is responsive to application number 18/796,856 - LONG FOLDABLE ICE BATH, filed on 8/7/24. Claims 1-20 are pending.
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 under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the inflatable upper lip positioned on a top portion of the wall, and wherein the inflatable upper lip is rotatable from a lower stowed position to an upper deployed position after inflated with air of claims 3, 10 and 20; the lid of claims 9 and 16; the lid comprises an inflatable perimeter, and wherein the inflatable perimeter is configured to fit an interior perimeter of the opening, and wherein the lid is secured to the opening via friction fit, of claims 10 and 19; the method of claims 11-19; the chilling system removably engaged… of claim 20; must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
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)(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(s) 1, 4-7 and 11-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu (US Pub. 2016/0215513).
Regarding Claim 1 Liu shows a pool capable of being an ice bath comprising: an elongated oval-shaped wall (B; Fig. 1) forming an opening (b2); a bottom attached to the wall (shown at b2; ¶ [0019]), wherein the wall and the bottom form an ice bath configured to contain water (abstract); a plurality of vertical frame members (2); a plurality of horizontal frame members (12); and a plurality of T-shaped connecting members (4) configured to engage the plurality of vertical frame members and the plurality of horizontal frame members, wherein the frame members are configured to support the wall (Figs. 1-7).
Regarding Claims 4 and 12 Liu shows the ice bath of claim 1 and the method of claim 11, wherein the wall comprises a first side, a second side, a first end, and a second end (Fig. 1), and wherein the first side and the second side each comprise an integrated U-shaped frame member (3; integrated via 12 and as shown in Fig. 12 at the bottom of the wall) forming a lower horizontal frame member and three vertical arms, and wherein the three vertical arms engage an upper horizontal frame member (Fig. 2).
Regarding Claims 5 and 13 Liu shows the ice bath of claim 4 and the method of claim 12, wherein the plurality of vertical frame members and the plurality of horizontal frame members support the first end and the second end (Figs. 1-2).
Regarding Claim 6 Liu shows the ice bath of claim 4, further comprising at least two support bands (b4) configured to support the bottom.
Regarding Claim 7 Liu shows the ice bath of claim 6, wherein the at least two support bands are affixed to the lower horizontal frame member of the first side and the lower horizontal member of the second side (b41).
Regarding Claim 11 Liu shows a method of forming an ice bath comprising the steps of: forming an elongated oval-shaped wall (B; Fig. 1) having an opening (b2), a first side, a second side, a first end, a second end (Figs. 1-7); forming a bottom and affixing the bottom to the wall (shown at b2; ¶ [0019]), wherein the wall and the bottom form an ice bath configured to contain water (abstract); forming a plurality of vertical frame members (2); forming a plurality of horizontal frame members (12); and forming a plurality of T-shaped connecting members (4) configured to engage the plurality of vertical frame members and the plurality of horizontal frame members, wherein the frame members are configured to support the wall (Figs. 1-7).
Regarding Claim 14 Liu shows the method of claim 12, further comprising forming at least two support bands (b4) configured to support the bottom and wherein the at least two support bands are affixed to the lower horizontal frame member (b41) of the first side and the lower horizontal member of the second side.
Regarding Claim 15 Liu shows the method of claim 12, wherein the U-shaped frame member is formed of a metal, an alloy, a polymer, a composite, or combinations thereof (¶ [0003]).
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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US Pub. 2016/0215513) in view of Lee (US Pub. 2002/0042949).
Regarding Claim 2 Liu shows the ice bath of claim 1, but fails to show further comprising a drain. However providing a drain in bath or pool is well-known as shown by Lee (¶ [0138]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Liu to include a drain for draining water from the ice bath as shown by Lee (¶ [0138]).
Claim(s) 8, 9, 17 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US Pub. 2016/0215513) in view of Ponton et al. (US Pub. 2024/0382377).
Regarding Claims 8 and 17 Liu shows the ice bath of claim 1 and the method of claim 11, but fails to show a water inlet valve and a water exit valve configured to engage an external water cooling and circulation system. However, Ponton shows an ice bath with a water inlet and exit valve (150; {¶ 0050]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Liu to include a water inlet and exit valve for the purpose of providing a cooling unit connection as shown by Ponton.
Regarding Claims 9 and 18 Liu shows the ice bath of claim 1 and the method of claim 11, but fails to show further comprising a lid. However, Ponton shows an ice bath with a lid (abstract). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Liu to include a lid or cover for the purpose of keeping debris from entering the opening of the ice bath as shown by Ponton.
Allowable Subject Matter
Claim 20 is allowed, however, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Claims 3, 10, 16 and 19 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wu (US D1,008,428) shows a similar ice bath; Zhou (US D1,070,034) shows a similar ice bath;
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE J SKUBINNA whose telephone number is (571)270-5163. The examiner can normally be reached Monday thru Thursday, 9:30 AM to 6PM EST.
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/CHRISTINE J SKUBINNA/Primary Examiner, Art Unit 3754 1/9/2026