DETAILED ACTION
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Furst et al (US 4583251 A).
Claim 1, Furst discloses a back wall panel (22’; FIG 6-7) extending between a first side edge and an opposing second side edge;
an end wall panel (wall of 22 on which 21 is formed) including a rear edge operably coupled to one of the first side edge and the second side edge of the back wall panel, the end wall panel including an integral shower seat (21); and
a coupler (23, 24, 25, 26) securing the end wall panel to a support wall, the coupler including a bracket (FIG 7; Col 3, lines 44 to 61) secured to the support wall, and
a hanger (23) secured to the end wall panel and suspended from the bracket.
Claim(s) 8 and 22 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sherlock et al (US 6397409 B1).
Claim 8, Sherlock discloses an upper wall section (wall above 20) including an upper back wall panel (above 24B) and an upper end wall panel (above 24A);
a lower wall section (24A, 24B) positioned below the upper wall section, the lower wall section including a lower back wall panel (24B) and a lower end wall panel (24A); and
a cantilevered shower seat (22) integrally formed with at least one of the lower back wall panel and the lower end wall panel.
Claim 22, Sherlock a cantilevered shower seat (22); and
a coupler (26) including a bracket (46) secured to a support wall, and a hanger (60) secured to the shower seat and suspended from the bracket, the hanger being slidably supported by the bracket.
Allowable Subject Matter
Claims 16-21 are allowed.
Claims 2-7, 9-15, 23-26 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY W CARROLL whose telephone number is (571)272-4988. The examiner can normally be reached M-F 8 AM - 5 PM.
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JEREMY W. CARROLL
Primary Examiner
Art Unit 3754
/Jeremy Carroll/Primary Examiner, Art Unit 3754
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