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 .
Election/Restrictions
Claims 23-35 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/09/2026.
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.
Claim(s) 1-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 7,712,161 (hereinafter Reynolds) in view of US Patent 8,393,019 (hereinafter Cavuoti) and US Patent 6,360,380 (hereinafter Swart).
Regarding claim 1, Reynolds discloses a system (20) comprising: a tub (22), the tub (22) comprising an inlet port (35) at or adjacent to a bottom (26) of the tub; a hot water source (31) at a first temperature, a cold water source (32) at a second temperature lower than the first temperature (col. 6, ln. 45-57); pipes (41, 42, 46, 47) connecting the hot and cold water sources to the inlet port (35) at the bottom of the tub (fig. 2), wherein the system is configured to change a temperature of water in the tub from a current temperature to a target temperature by pumping water from one of the hot and cold water sources into the tub through the inlet port (col. 6, ln. 39-63), and wherein the system is further configured to stop the pumping of water from one of the hot and cold water sources into the tub through the inlet port when water in the tub reaches the target temperature (col. 7, ln. 60-col. 8, ln. 3; col. 8, ln. 21-30).
Reynolds fails to explicitly show the hot and cold water sources are reservoirs storing water. Attention is turned to Cavuoti in the same field of endeavor of spa systems with hot and cold fluid treatments which shows utilizing hot and cold reservoirs for storing water at different temperatures to create a specified temperature for a user that can quickly vary between hot and cold as desired (col. 3, ln. 47-55). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to utilize reservoirs for storing water at the first and second temperatures to quickly produce a desired water temperature in the spa as evidenced by the teachings of Cavuoti mentioned above. Such a configuration falls well within the intended function of Reynolds for producing varying water temperatures in a quick manner.
Reynolds fails to show the system is configured for causing water to overflow top sides of the tub. Attention is turned to Swart in the same field of endeavor of recirculating spas which shows configuring a tub to cause water to flow over the top sides of the tub to improve recirculation and temperature controlling of the fluid in the tub as well as allow a user to be more fully submerged in the water (col. 2, ln. 16-27). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to configure the system of Reynolds to cause water to overflow top sides of the tub to allow for more fluid to be contained within the tub while still be usable for recirculation and temperature adjustment as evidenced by the teachings of Swart mentioned above. Such a modification falls well within the intended function of Reynolds for producing a therapy spa with rapidly adjustable temperatures.
Regarding claim 2, under the modification in view of Swart regarding the overflowing the top sides of the tub, Swart shows a catch reservoir (14) for catching water overflowing the sides of the tub.
Regarding claim 3, Reynolds shows wherein mixing of the water at the current temperature and water at one of the first and second temperatures from one of the hot and cold tempered reservoirs causes the temperature of the water in the tub to approach the target temperature asymptotically (col. 7, ln. 60-col. 8, ln. 3; col. 8, ln. 21-30).
Regarding claim 4, “Features of an apparatus may be recited either structurally or functionally. In re Schreiber, 128 F.3d 1473, 1478, 44 USPQ2d 1429, 1432 (Fed. Cir. 1997). See also MPEP § 2173.05(g). If an examiner concludes that a functional limitation is an inherent characteristic of the prior art, then to establish a prima case of anticipation or obviousness, the examiner should explain that the prior art structure inherently possesses the functionally defined limitations of the claimed apparatus. In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1432. See also Bettcher Industries, Inc. v. Bunzl USA, Inc., 661 F.3d 629, 639-40,100 USPQ2d 1433, 1440 (Fed. Cir. 2011). The burden then shifts to applicant to establish that the prior art does not possess the characteristic relied on. In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1432; In re Swinehart, 439 F.2d 210, 213, 169 USPQ 226, 228 (CCPA 1971) ("where the Patent Office has reason to believe that a functional limitation asserted to be critical for establishing novelty in the claimed subject matter may, in fact, be an inherent characteristic of the prior art, it possesses the authority to require the applicant to prove that the subject matter shown to be in the prior art does not possess the characteristic relied on").” (MPEP 2114. Section I. Inherency and Functional Limitations in Apparatus Claims). In the instant case, the modified device of Reynolds would produce the intended function of introduction of hot or cold water through the inlet port and removal of the current water over the top sides of the tub minimizes mixing of the hot or cold water with the current water since the structural features have been presented and the natural flow of water would result in the claimed function.
Regarding claim 5, Reynolds shows further comprising a control system (70) for monitoring a temperature of the water in the tub as water is pumped in from one of the hot and cold tempered reservoirs by one of the pumps, and shutting down the pump when the temperature in the tub reaches the target temperature (col. 7, ln. 52-60).
Regarding claim 6, Reynolds shows further comprising a temperature sensor (45) within the tub providing closed loop feedback to the control system as to the temperature of the water in the tub (col. 7, ln. 52-60).
Regarding claim 7, Reynolds shows wherein at least one of the hot and cold tempered reservoirs are physically spaced from the tub and connected by the pipes (the heating device (31) and chiller (32) are shown to be spaced from the tub and connected by the pipes).
Regarding claim 8, Reynolds shows where at least one of the hot and cold tempered reservoirs are integrated into an overall form factor of the tub (the heating device (31) and chiller (32) are concealed behind the frame panels (135) to create an integrated form factor).
Regarding claim 9, the modified system of Reynolds is configured for “in-home” use since it shown to be a unitary structure similar to a standard “hot tub” which is known to be used in personal homes and settings (see fig. 1).
Regarding claim 10, Reynolds discloses a system (20) comprising: a tub (22), the tub comprising a port (35) at or adjacent to a bottom (26) of the tub; a hot water source (31) at a first temperature; a cold tempered water source (32) at a second temperature lower than the first temperature (col. 6, ln. 45-57); pipes (41, 42, 46, 47) connecting the hot and cold water sources to the tub to introduce the water into the tub and to evacuate water from the tub (fig. 2); a first set of one or more pumps (40) for pumping water from the hot tempered reservoir to the tub; a second set of one or more pumps (60) for pumping water from the cold tempered reservoir into the tub; a first temperature sensor (45) within the tub for sensing a temperature of water within the tub; a control system (70) comprising one or more processors for selecting one of the first and second pumps to pump water from one of the hot and cold tempered reservoirs to mix with water in the tub (col. 7, ln. 52-col. 8, ln. 43), the selection depending on a defined target temperature of water in the tub (col. 8, ln. 21-36), the water from one of the hot and cold water sources driving a temperature of water in the tub asymptotically to the target temperature (col. 8, ln. 44-47), the one or more processors further receiving closed loop feedback from the first temperature sensor in the tub to shut off operation of the selected one of the first or second sets of one or more pumps when the first temperature sensor in the tub indicates to the one or more processors that the target temperature in the tub has been achieved (col. 8, ln. 3-15; 26-43).
Reynolds fails to explicitly show the hot and cold water sources are reservoirs storing water. Attention is turned to Cavuoti in the same field of endeavor of spa systems with hot and cold fluid treatments which shows utilizing hot and cold reservoirs for storing water at different temperatures to create a specified temperature for a user that can quickly vary between hot and cold as desired (col. 3, ln. 47-55). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to utilize reservoirs for storing water at the first and second temperatures to quickly produce a desired water temperature in the spa as evidenced by the teachings of Cavuoti mentioned above. Such a configuration falls well within the intended function of Reynolds for producing varying water temperatures in a quick manner.
Reynolds fails to show a catch reservoir for receiving water evacuated from the tub. Attention is turned to Swart in the same field of endeavor of recirculating spas which shows configuring a tub to cause water to flow over the top sides of the tub to improve recirculation and temperature controlling of the fluid in the tub as well as allow a user to be more fully submerged in the water, with the water being received in a catch reservoir (14) (col. 2, ln. 16-27). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to configure the system of Reynolds to include a catch reservoir to allow for more fluid to be contained within the tub while still be usable for recirculation and temperature adjustment when the water spills over the side of the tub as evidenced by the teachings of Swart mentioned above. Such a modification falls well within the intended function of Reynolds for producing a therapy spa with rapidly adjustable temperatures.
Reynolds fails to explicitly show a second temperature sensor within the hot tempered reservoir for sensing a temperature of water in the hot tempered reservoir; a third temperature sensor within the cold tempered reservoir for sensing a temperature of water in the hot tempered reservoir. However, Reynolds teaches using a conventional water heater and conventional water chiller, both of which are well-known in the art to include temperature sensors in order to heat and chill water to a desired temperature. Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to include second and third temperature sensors to detect the temperatures in the hot and cold water supplies in order to produce a desired hot and cold water temperature as is known in the art and evidenced by the teachings of Reynolds.
Regarding claim 11, Reynolds fails to show further comprising a third set of one or more pumps for pumping water out of the tub from the port at the bottom of the tub, under control of the one or more processors, the pumping of water from the tub by the third set of one or more pumps decreasing a time it takes for water in the tub to reach the target temperature. Attention is again turned to Cavuoti which shows including multiple pumps (first, second, third, fourth) to pump water from a tub to recirculate water in a tub and mix with incoming hot/cold water to achieve a desired temperature (fig. 5). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to modify the system of Reynolds to include a third pump for pumping water out of the tub to more effectively control fluid flow and desired temperature rate as evidenced by the teachings of Cavuoti mentioned above.
Regarding claim 12, under the modification in view of Swart regarding the catch reservoir, Swart shows further comprising a ‘fourth’ (i.e. dedicated pump for the catch reservoir) set of one or more pumps (64) for pumping water from the catch reservoir to at least one of the hot and cold tempered reservoirs, under control of the one or more processors.
Regarding claim 13, the combination of Reynolds and Cavuoti regarding the reservoirs fails to show further comprising level sensors for sensing a level of water in the hot and cold tempered reservoirs, the level sensors providing closed loop feedback to the one or more processors to stop the operation of the fourth set of one or more pumps when the level sensors indicate that a level of water in hot and cold tempered reservoirs has reached defined levels. Attention is turned to Swart which teaches including level sensors to assist in operation of the pump system (col. 2, ln. 3-9). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to modify the reservoirs to include level sensors to allow for additional control operation commands of the pump system as evidenced by the teachings of Swart mentioned above.
Regarding claim 14, wherein at least one of the hot and cold tempered reservoirs are physically spaced from the tub and connected by the pipes (the heating device (31) and chiller (32) are shown to be spaced from the tub and connected by the pipes).
Regarding claim 15, where at least one of the hot and cold tempered reservoirs are integrated into an overall form factor of the tub (the heating device (31) and chiller (32) are concealed behind the frame panels (135) to create an integrated form factor).
Regarding claim 16, the modified system of Reynolds is configured for “in-home” use since it shown to be a unitary structure similar to a standard “hot tub” which is known to be used in personal homes and settings (see fig. 1).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Reynolds, Cavuoti, and Swart as applied to claims 1-16 above, and further in view of US Patent 10,350,108 (hereinafter Rittman).
Regarding claim 17, the combination of Reynolds, Cavuoti, and Swart fails to show wherein the control system receives instructions from a software application executing on a smart device of a user using the tub. Attention is turned to Rittman in the same field of endeavor of hot/cold therapy systems which teaches it is known in the art to control a hot/cold therapy system with a smart device such as a computer or phone (col. 3, ln. 15-17). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to modify the system of Reynolds in view of Cavuoti and Swart to include control via a smart device to allow for easy user control as is known in the art and evidenced by the teachings of Rittman mentioned above.
Allowable Subject Matter
Claims 18-22 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent 4,761,838 is directed to the state of the art of hot and cold therapy spas.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANIE M LOEPPKE whose telephone number is (571)270-5208. The examiner can normally be reached M-F 9AM-5PM ET.
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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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/JANIE M LOEPPKE/Primary Examiner, Art Unit 3754
