DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 1-8, 20-21 are pending.
Claim 19 is cancelled.
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, 7-9, 14-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barnes et al (“Barnes”) (US 11,680,420) in view of Thomson (US 3,720,964).
Re claim 1, Barnes discloses a sun shelf (Fig. 1A) comprising:
a main body (100) having a first wall (110), a second wall (120), a third wall (115), a fourth wall (see examiner comments), a base (125), the first wall (110) having a first height (height of 110 from 125) from the base (125), the second wall (120) having a second height (height of 120 from 125) from the base (125), the third wall (115) having a third height (height of 115 from 125) from the base (125), and the fourth wall (see examiner comments) having a fourth height (height of that shown in the examiner comments from the front vertical wall of base 125) from the base (125), the fourth height (height of that shown in the examiner comments) being less than (Fig. 1A) the first height (height of 110 from 125), the second height (height of 120 from 125), and the third height (height of 115 from 125),
but fails to disclose a first intake, an outlet, and a recess, and a tubular member attached to the main body and extending from the first intake to the outlet.
However, Thomson discloses a first intake (Fig. 6-7; 56), an outlet (58), and a recess (Fig. 7, the space which receives 60 and 62 within 64), and a tubular member (62, 64) attached to the main body (52) and extending from (Col 5 line 67-Col 6 line 3) the first intake (56) to the outlet (58).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the sun shelf of Barnes with a first intake, an outlet, and a recess, and a tubular member attached to the main body and extending from the first intake to the outlet as disclosed by Thomson in order to circulate filtering water to maintain cleanliness and safety, as is the normal and logical manner of use of intakes, outlets, and tubular members, and as is well-known and common in the art.
In addition, for the purposes of new claim 21, it is noted that Barnes discloses a recess above 140, defined by 110, 115 and 120.
Re claim 7, Barnes as modified discloses the sun shelf of claim 1, wherein the first intake is disposed through the fourth wall.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the sun shelf of Barnes wherein the first intake is disposed through the fourth wall in order to provide water circulation at the fourth wall, at the front of the sun shelf. It has been held that rearrangement of parts is considered within the level of ordinary skill in the art. In re Japikse, 181 F.2d 1019.
Re claim 8, Barnes as modified discloses the sun shelf of claim 1 but fails to disclose wherein the first intake is disposed through the base.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the sun shelf of Barnes wherein the first intake is disposed through the base in order to provide water circulation at the base, at the bottom of the sun shelf. It has been held that rearrangement of parts is considered within the level of ordinary skill in the art. In re Japikse, 181 F.2d 1019.
Re claim 9, Barnes as modified discloses the sun shelf of claim 1 but fails to disclose wherein the main body defines a second intake; and wherein the tubular member extends from the second intake to the outlet.
However, Thomson discloses wherein the main body (Fig. 6-7) defines a second intake (Fig. 6-7; showing two elements 56), wherein the tubular member (62, 64) extends from (Col 5 line 67-Col 6 line 3) the second intake (Fig. 6-7 showing two elements 56) to the outlet (58).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the sun shelf of Barnes wherein the main body defines a second intake; and wherein the tubular member extends from the second intake to the outlet as disclosed by Thomson in order to circulate filtering water to maintain cleanliness and safety, as is the normal and logical manner of use of intakes, outlets, and tubular members, and as is well-known and common in the art.
Re claim 14, Barnes as modified discloses the sun shelf of claim 1, wherein the first wall (110), the second wall (120), the third wall (115), and the fourth wall (see examiner comments) are substantially perpendicular to (Fig. 1A) the base (125).
Re claim 15, Barnes as modified discloses the sun shelf of claim 1, but fails to disclose wherein the outlet is disposed through the third wall.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the sun shelf of Barnes wherein the outlet is disposed through the third wall in order to provide water circulation and/or drainage at the third wall, at the front of the sun shelf. It has been held that rearrangement of parts is considered within the level of ordinary skill in the art. In re Japikse, 181 F.2d 1019.
Re claim 16, Barnes as modified discloses the sun shelf of claim 1, Bergstrom discloses wherein the outlet (58) is disposed through the base (bottom surface of 52).
Re claim 17, Barnes as modified discloses the sun shelf of claim 1, wherein the first wall (110) has a first sidewall (sidewall of 110), the second wall (120) has a second sidewall (sidewall of 120), the third wall (115) has a third sidewall (sidewall of 115), and the fourth wall (see examiner comments) has a fourth sidewall (sidewall of that shown in the examiner comments); and wherein the recess (Bergstrom: the space into which 60 and 62 are inserted) has a length (which would be along the length of Fig. 1A of Barnes) and a width (which would be along the width of Fig. 1A of Barnes), but fails to disclose the length being equal to about 78 inches measured from the first sidewall to the second sidewall, the width being equal to about 67 ½ inches measured from the fourth sidewall to the third sidewall.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the sun shelf of Barnes with the length being equal to about 78 inches measured from the first sidewall to the second sidewall, the width being equal to about 67 ½ inches measured from the fourth sidewall to the third sidewall in order to provide sufficient space on the base for persons utilizing the sun shelf to sit, lounge, or setup chairs. In addition, a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Claim(s) 2-6, 10-13, 18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barnes et al (“Barnes”) (US 11,680,420) in view of Thomson (US 3,720,964) and Bergstrom (US 6,349,427).
Re claim 2, Barnes as modified discloses the sun shelf of claim 1, but fails to disclose wherein the main body defines a cavity; and wherein the tubular member is disposed within the cavity.
However, Bergstrom discloses wherein the main body (Fig. 1) defines a cavity (Fig. 5, between 37 and 101); and wherein the tubular member (Fig. 1, unlabeled tubing) is disposed within (Fig. 1) the cavity (between 37 and 101).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the sun shelf of Barnes wherein the main body defines a cavity; and wherein the tubular member is disposed within the cavity as disclosed by Bergstrom in order to circulate filtering water to maintain cleanliness and safety in an open space to reduce weight.
Re claim 3, Barnes as modified discloses the sun shelf of claim 2, Bergstrom discloses wherein the main body (Fig. 5) has a first exterior surface (101); and wherein the cavity (between 101 and 37) extends from the first wall (37) to the first exterior surface (101).
Re claim 4, Barnes as modified discloses the sun shelf of claim 2, Bergstrom discloses wherein the first wall (37) has a first ledge (35); and wherein the main body (Fig. 5) has at least one support (13, 15, 17, 19, 21, 23, 25, 27) disposed within (Fig. 1) the cavity (between 37 and 101), the at least one support (13, 15, 17, 19, 21, 23, 25, 27) extending from the base (at 73) to the first ledge (35).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the sun shelf of Barnes wherein the first wall has a first ledge; and wherein the main body has at least one support disposed within the cavity, the at least one support extending from the base to the first ledge as disclosed by Bergstrom in order to increase load bearing capacity of the sun shelf.
Re claim 5, Barnes as modified discloses the sun shelf of claim 4, Bergstrom discloses wherein the main body (Fig. 5) has a fourth exterior surface (86, as applied to Barnes); and wherein the cavity (between 37 and 101) extends from the base (at 73) to the fourth exterior surface (86, as applied to Barnes).
Re claim 6, Barnes as modified discloses the sun shelf of claim 5, Bergstrom discloses wherein the cavity(between 37 and 101) has at least one support (Fig. 5, 29, 31, 33, 71); and wherein the at least one support (29, 31, 33, 71) extends from (as no contact is required) the base (at 72) and away from (Fig. 5) the recess (per the above).
Re claim 10, Barnes as modified discloses the sun shelf of claim 9, wherein the main body (Fig. 1A) has a first exterior surface (exterior surface of 110), a second exterior surface (exterior surface of 120), but fails to disclose a cavity; wherein the cavity extends from the first wall to the first exterior surface; and wherein the cavity extends from the second wall to the second exterior surface.
but fails to disclose a cavity, wherein the cavity extends from the first wall to the first exterior surface; and wherein the cavity extends from the second wall to the second exterior surface.
However, Bergstrom discloses a cavity (Fig. 5, between 37 and 101); wherein the cavity (between 37 and 101) extends from the first wall (as applied to 110 of Barnes; Bergstrom: 37) to the first exterior surface (as applied to the exterior surface of 110 of Barnes; Bergstrom: 101); and wherein the cavity (Fig. 5, between 37 and 101) extends from the second wall (as applied to 120 of Barnes; Bergstrom: 37) to the second exterior surface (as applied to the exterior surface of 120 of Barnes; Bergstrom: 101).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the sun shelf of Barnes with a cavity, wherein the cavity extends from the first wall to the first exterior surface; and wherein the cavity extends from the second wall to the second exterior surface as disclosed by Bergstrom in order to circulate filtering water to maintain cleanliness and safety in an open space to reduce weight.
Re claim 11, Barnes as modified discloses the sun shelf of claim 10, but fails to disclose wherein the first intake and the second intake are disposed through the fourth wall.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the sun shelf of Barnes wherein first intake and the second intake are disposed through the fourth wall in order to provide water circulation at the fourth wall, at the front of the sun shelf. It has been held that rearrangement of parts is considered within the level of ordinary skill in the art. In re Japikse, 181 F.2d 1019.
Re claim 12, Barnes as modified discloses the sun shelf of claim 10, but fails to disclose wherein the first intake and the second intake are disposed through the base.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the sun shelf of Barnes wherein first intake and the second intake are disposed through the base in order to provide water circulation at the base, at the bottom of the sun shelf. It has been held that rearrangement of parts is considered within the level of ordinary skill in the art. In re Japikse, 181 F.2d 1019.
Re claim 13, Barnes as modified discloses the sun shelf of claim 9, but fails to disclose wherein the first intake extends through the first wall; and wherein the second intake extends through the second wall.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the sun shelf of Barnes wherein the first intake extends through the first wall; and wherein the second intake extends through the second wall in order to provide water circulation at the first wall and second wall, at the sides of the sun shelf. It has been held that rearrangement of parts is considered within the level of ordinary skill in the art. In re Japikse, 181 F.2d 1019.
Re claim 18, Barnes discloses a sun shelf (Fig. 1A) comprising:
a main body (100) having a first wall (110), a second wall (120), a third wall (115), a fourth wall (see examiner comments), a base (125), the first wall (110) having a first height (height of 110 from 125) from the base (125), the second wall (120) having a second height (height of 120 from 125) from the base (125), the third wall (115) having a third height (height of 115 from 125) from the base (125), and the fourth wall (see examiner comments) having a fourth height (height of that shown in the examiner comments from the front vertical wall of base 125) from the base (125), the fourth height (height of that shown in the examiner comments) being less than (Fig. 1A) the first height (height of 110 from 125), the second height (height of 120 from 125), and the third height (height of 115 from 125), each of the first wall (110), the second wall (120), the third wall (115), and the fourth wall (see examiner comments) being substantially perpendicular to (Fig. 1A) the base (125),
but fails to disclose a first intake, an outlet, and a recess, and a cavity, a tubular member attached to the main body and extending from the first intake to the outlet, the tubular member disposed within the cavity, and a panel disposed over the cavity.
However, Thomson discloses a first intake (Fig. 6-7; 56), an outlet (58), and a recess (Fig. 7, the space which receives 60 and 62 within 64), and a tubular member (62, 64) attached to the main body (52) and extending from (Col 5 line 67-Col 6 line 3) the first intake (56) to the outlet (58).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the sun shelf of Barnes with a first intake, an outlet, and a recess, and a tubular member attached to the main body and extending from the first intake to the outlet as disclosed by Thomson in order to circulate filtering water to maintain cleanliness and safety, as is the normal and logical manner of use of intakes, outlets, and tubular members, and as is well-known and common in the art.
In addition, Bergstrom discloses a cavity (Fig. 5, between 37 and 101), wherein the tubular member (Fig. 1, unlabeled tubing) is disposed within (Fig. 1) the cavity (between 37 and 101).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the sun shelf of Barnes with a cavity, and wherein the tubular member is disposed within the cavity as disclosed by Bergstrom in order to circulate filtering water to maintain cleanliness and safety in an open space to reduce weight.
In addition, Bergstrom discloses a panel (101) disposed over (Fig. 5) the cavity (between 37 and 101).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the sun shelf of Barnes with a panel disposed over the cavity as disclosed by Bergstrom in order to increase aesthetic appeal and to provide a finish thereto (Col 2 lines 63-67).
Re claim 20, Barnes discloses a sun shelf (Fig. 1A) comprising:
a main body (100) having a first wall (110), a second wall (120), a third wall (115), a fourth wall (see examiner comments), a base (125), the first wall (110) having a first height (height of 110 from 125) from the base (125), the second wall (120) having a second height (height of 120 from 125) from the base (125), the third wall (115) having a third height (height of 115 from 125) from the base (125), and the fourth wall (see examiner comments) having a fourth height (height of that shown in the examiner comments from the front vertical wall of base 125) from the base (125), the fourth height (height of that shown in the examiner comments) being less than (Fig. 1A) the first height (height of 110 from 125), the second height (height of 120 from 125), and the third height (height of 115 from 125),
but fails to disclose a first intake, an outlet, and a recess, and a cavity, the outlet disposed through the third wall, a tubular member attached to the main body and extending from the first intake to the outlet, the tubular member disposed within the cavity, and a panel disposed over the cavity.
However, Thomson discloses a first intake (Fig. 6-7; 56), an outlet (58), and a recess (Fig. 7, the space which receives 60 and 62 within 64), and a tubular member (62, 64) attached to the main body (52) and extending from (Col 5 line 67-Col 6 line 3) the first intake (56) to the outlet (58).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the sun shelf of Barnes with a first intake, an outlet, and a recess, and a tubular member attached to the main body and extending from the first intake to the outlet as disclosed by Thomson in order to circulate filtering water to maintain cleanliness and safety, as is the normal and logical manner of use of intakes, outlets, and tubular members, and as is well-known and common in the art.
In addition, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the sun shelf of Barnes wherein the outlet is disposed through the third wall in order to provide water circulation and/or drainage at the third wall, at the front of the sun shelf. It has been held that rearrangement of parts is considered within the level of ordinary skill in the art. In re Japikse, 181 F.2d 1019.
In addition, Bergstrom discloses a cavity (Fig. 5, between 37 and 101), wherein the tubular member (Fig. 1, unlabeled tubing) is disposed within (Fig. 1) the cavity (between 37 and 101).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the sun shelf of Barnes with a cavity, and wherein the tubular member is disposed within the cavity as disclosed by Bergstrom in order to circulate filtering water to maintain cleanliness and safety in an open space to reduce weight.
In addition, Bergstrom discloses a panel (101) disposed over (Fig. 5) the cavity (between 37 and 101).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the sun shelf of Barnes with a panel disposed over the cavity as disclosed by Bergstrom in order to increase aesthetic appeal and to provide a finish thereto (Col 2 lines 63-67).
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barnes et al (“Barnes”) (US 11,680,420) in view of Thomson (US 3,720,964) and Cronise et al (“Cronise”) (US 2008/0134426).
Re claim 21, Barnes as modified discloses the sun shelf of claim 1, wherein the first wall (110), the second wall (120), the third wall (115) define the recess (above 40, defined by 110, 115 and 120), but fails to disclose the fourth wall defines the recess.
However, Cronise discloses the fourth wall (115) defines the recess (at 106).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the sun shelf of Barnes with the fourth wall defines the recess as disclosed by Cronise in order to prevent water intrusion or maintain water within the recess, as desired.
Examiner Comments
PNG
media_image1.png
352
682
media_image1.png
Greyscale
Response to Arguments
Claim Rejections 35 USC 112: Applicant’s argument with respect to the claims rejected under 35 USC 112 is persuasive and rejection of the claims pursuant to 35 USC 12 is hereby withdrawn.
Claim Rejections 35 USC 103: Applicant’s arguments with respect to all claims have been considered but are not persuasive.
Applicant first argues that the cited fourth wall is not less than the first, second and third heights. In support, Applicant appears to argue that the side portions of the cited fourth wall extend higher than the remaining walls, and thus, the prior art does not read on the claim. The Examiner respectfully disagrees. First, only the bottom portion was cited as the fourth wall. Second, the “side portions” to which Applicant points in the response are actually part of the two side walls, 110 and 125, and not the front wall. Third, the claim does not require that the entirety of the heigh of the fourth wall be less than the first, second and third heights. Even a portion of the fourth wall with a height less than that of the first, second and third walls reads on the claim.
Next, Applicant argues that Barnes teaches a process for installing a pool with a tanning ledge, and that if an intake, outlet, recess and tubular member were attached to the tanning ledge of Barnes, the tanning ledge could not be attached to the swimming pool. As a result, Applicant argues that there is no motivation for the combination. The test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). In addition, it is noted that the argument that inclusion of tubing, a recess, an intake and an outlet would somehow preclude installation is conclusive and speculative. It is not readily apparent how these features, which are mostly openings, would somehow preclude installation of a tanning bed.
As such, the prior art meets the claim.
Applicant’s arguments concerning the remaining claims are addressed by the above.
Conclusion
Applicant's amendment (new claim 21) necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE WALRAED-SULLIVAN whose telephone number is (571)272-8838. The examiner can normally be reached Monday - Friday 8:30am - 5:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at (571)270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
KYLE WALRAED-SULLIVAN
Primary Examiner
Art Unit 3635
/KYLE J. WALRAED-SULLIVAN/Primary Examiner, Art Unit 3635
